OCA CIRCULAR NO. 35-2007, April 10, 2007

For the information and guidance of all concerned,
the following clarification is hereby issued on the fees to be collected
from private petitioners in petitions filed for the inclusion,
exclusion or correction of names of voters under Section 21 (h), Rule
141, Revised Rules of Court; and for service of summons and copy of
petition under Section 10 (a) of the same Rule:

Batas Pambansa Big. 881 (Omnibus Election Code of
the Philippines ) and Republic Act No. 8189 (Voter’s Registration Act of
1996) direct that no costs shall be assessed in proceedings for
inclusion, exclusion and correction of names of voters. The “costs”
referred to, however, do not include docket fees but only expenses
incurred in the course of the proceedings after the case has been filed
and docketed.

Under Section 34 of R.A. No. 8189, the person whose
application for registration has been disapproved by the Election
Registration Board or whose name has been stricken out from the voters’
list and who files the petition for the inclusion should be required to
pay the docket fees.

Also, OCA Circular No. 54-2003 dated May 20, 2003 on
the exemption of the Commission on Elections (COMELEC) from the payment
of the required legal fees under Rule 141 is still enforceable
(Resolution dated May 5, 2003 of Court En Bane in A.M. No. 03-04-11-SC)
subject to the following conditions specified therein:

1. that petitions for exclusion are filed by the elections officers in the name of or for and on behalf of COMELEC;
2. that petitions for exclusion are filed pursuant to the pertinent
   provisions of R.A. No. 8189 (Voter’s Registration Act of 1996); or the
   Omnibus Election Code; or Section 2, Article IX (C) of the 1987 Philippine Constitution; and

3. that election officers are prohibited from allowing themselves to
   be used by any candidate or political party in the filing of exclusion
   cases to avoid payment of fees or to harass duly registered voters.

Furthermore, accountable officers are enjoined to
require persons claiming to be election officers to present their latest
valid identification cards and a certification from the head of the
agency that he/she is duly authorized to transact business with the
court as an employee of the COMELEC; otherwise the petition filed shall
not be exempted from the payment of legal fees.

For compliance

April 10, 2007.